that she was a woman and she was granted access to the Giggle App. I take this to be a statement of the fact that Ms Tickle was able to pass the AI filter, and an assertion or conclusion as to what this meant to her, namely being treated as a woman by the AI algorithm. Ms Grover's evidence is that she reviewed Ms Tickle's account at the time the AHRC complaint was made, when the Giggle App was still live, and saw that none of her profiles used the words "trans woman", "trans", "gender identity" or "gender".
112 There is no direct evidence that a review of Ms Tickle's selfie by a human ever in fact took place at the registration stage. Affidavit evidence of Ms Tickle stating that this took place was objected to and not admitted. Ms Tickle could not give this evidence as it was no more than a conclusion she drew, rather than a reflection of any actual knowledge that this indeed occurred. However, there is undisputed evidence that the AI aspect of the review was actually deployed. I accept that Ms Tickle's enrolment was successful by reason of the AI procedure that was applied, but I am unable to accept that the evidence establishes that it is more probable than not that there was any human intervention at that stage. Nothing turns on this qualification that has a bearing on the determination of any of the facts in issue.
113 Ms Tickle's evidence is that, in the months after setting up her account, she had periodically opened the Giggle App and read posts in the Giggle Talk section. She set up a profile in the Giggles section of the App, and joined a few different Giggles. However, she found that there were not many users to connect with and lost interest. This is important contemporaneous evidence, because of its inherently greater reliability as to Ms Tickle's true attitude towards being able to use the Giggle App, when it comes to any damages assessment, and because it is relevant to the real measure of detriment suffered by being deprived of access to the App.
114 Ms Grover's evidence is that she reviewed Ms Tickle's profile after the AHRC complaint was made and found that Ms Tickle had no interactions or connections with other Giggle App users, and had made no connections, posts or other contributions. There was no cross-examination challenging this evidence, and no evidence from Ms Tickle to the contrary, so I accept that this is what in fact occurred.
115 Ms Tickle's evidence is that, at some point between July and September 2021 (her AHRC complaint referring to September), she noticed that her access to the Giggle App had been restricted. She was able to read content that had been posted by others, but was not able to post content, comment on posts, nor read comments made by other users on posts, noting the unchallenged evidence in the preceding paragraph. It is Ms Tickle's belief, which is
